S T A T E   O F   N E W   Y O R K
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                                  3775

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2011
                               ___________

Introduced by M. of A. GIGLIO -- read once and referred to the Committee
  on Governmental Employees

AN ACT to authorize James Freitag, a retiree receiving benefits from the
  New  York  state teachers' retirement system, to apply for retroactive
  membership in such retirement system

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any provision of law to the contrary, James
Freitag,  a  retired  member  of the New York state teachers' retirement
system having Tier III status and receiving  retirement  benefits  since
his  retirement  on  August  15, 2010, who was employed as a provisional
counselor by the county of Cattaraugus from June 5, 1975 until September
12, 1976, and who, for reasons not ascribable  to  his  own  negligence,
failed  to  become  a  member of the New York state and local employees'
retirement system during such employment by the county  of  Cattaraugus,
shall  be deemed to have become a member of the New York state teachers'
retirement system having Tier II  status  on  June  5,  1975  and  shall
receive  service  credit in such retirement system for his employment by
the county of Cattaraugus, if, on or before December 31, 2011, he  files
a  written  application  therefor  with   the head of the New York state
teachers' retirement system; and upon receipt of such  application,  the
head of the New York state teachers' retirement system shall recalculate
James  Freitag's  retirement  benefits retroactive to August 5, 2010 and
thereafter and pay such benefits accordingly as if he  shall  have  been
deemed to have joined such retirement system on June 5, 1975.
  S  2. All past service costs of implementing the provision of this act
shall be borne by the county of Cattaraugus.
  S 3. Notwithstanding any other provision of law, no employee  contrib-
utions shall be returned to James Freitag.
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06930-03-1

              

A. 3775                             2

  FISCAL  NOTE.--This bill would allow James Freitag, a retired Tier III
member of the New York State Teachers' Retirement System, to be  reclas-
sified  as  a Tier II member. His date of membership would be changed to
June 5, 1975, based upon his employment with the county  of  Cattaraugus
during the period June 5, 1975 to September 12, 1976.  Additionally, Mr.
Freitag's  pension  would be recalculated with retroactive adjustment to
payments made since his date of retirement of August 15, 2010. Mr. Frei-
tag must file a written request with the head of New York  State  Teach-
ers'  Retirement  System  on  or  before  December 31, 2011. No employee
contributions shall be refunded.
  The cost of this benefit is equal to the increase in the present value
of liabilities, which is estimated to be $81,000.  This  cost  shall  be
borne  by  the county of Cattaraugus. The annul cost to the employers of
members of the New York State Teachers' Retirement System  is  estimated
to be negligible if this bill is enacted.
  The  source  of this estimate is Fiscal Note 2011-06 dated December 9,
2010 prepared by the Actuary of the New York State Teachers'  Retirement
System and is intended for use only during the 2011 Legislative Session.